Rajharan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54373 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== RAJHARAN KUMAR Son of Singasan Sah Resident of Village- Bheriharwa, P.S.- Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Bairiya P.S. Case No. 51 of 2021 registered under Section 366(A)/34 of the Indian Penal Code and Section-8 of POCSO Act. Prosecution case in short is that the accused persons including the petitioner abducted the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.54373 of 2021(2) dt.31-03-2022 2/2 petitioner has been falsely implicated in the present case. The victim has been recovered and her statement under Section-161 of the Cr.P.C. has been recorded, in which, she stated that she left house out of her own sweet will. She has not supported the allegation made in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 51 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T